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(영문) 울산지방법원 2012.11.30 2012고합208
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") and the person subject to the request for attachment order (hereinafter referred to as the "defendants") had observed the victim E (n, 19 years of age) residing in the fourth floor at the D original room, which is the defendant's residence in Yangsan City, in order to force indecent acts by intrusion on the victim's house.

1. Intrusion upon residence;

A. On April 30, 2012, at around 19:26, the Defendant came to the victim’s residence in the above D 405, and in order to verify the method of entering the victim’s residence by using the gap of the victim’s outward, the Defendant released the lock locking device of the 405 entrance on the side of the 4th floor corridor, which was not corrected under the above 405, and went into the victim’s residence, and infringed upon the victim’s residence.

B. At around 20:10 on the same day, the Defendant: (a) went home to the victim’s residence; (b) and (c) went home to the victim’s residence through the 405 entrance door, which removed the locker at the time of intrusion as described in the foregoing paragraph, to verify whether the victim returned home.

C. At around 20:50 on the same day, the Defendant infringed upon the victim’s residence in order to verify whether the victim returned home, using the same method as the described in the aforementioned sub-paragraph.

2. On May 1, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Offense of Rape, Rape, etc.) led to the said victim’s residence at around 04:25 on May 1, 2012, the Defendant: (a) invaded upon the victim’s residence in the same manner as described in paragraph (c); (b) and (b) went away immediately from the lock while intending to walk a part of the body of the victim, while committing self-defense, with the victim’s escape.

As such, the Defendant attempted to commit indecent act by taking advantage of the victim’s defective condition, but did not bring about such intent and did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions against the Defendant.

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